The Constitutional Court of BiH held today its regular 19th session of the Grand Chamber.
In accordance with Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Court rejected a number of appeal. Constitutional Court rejected appeals which were lodged in an untimely fashion or after the expiration of the time-limit for submitting appeal or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the previous proceedings.
Deciding on the appeals in regards to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to adoption of decision within reasonable time-limit, the Court adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial and dismissed a number of appeals as ill-founded in cases in which it found no such violation.
For the illustration purposes, we present the following:
Constitutional Court dismissed as ill-founded the appeal of Mr. Zoran Milinkovic lodged against the Ruling of the County Court in Doboj no. 870 V 017295 14 GZ of 13 November 2014 and ruling of the Basic Court in Teslic no. 87 0 V 017295 14 V of 14 October 2014, by which the Court dismissed to order the return of the minor child who resides in Holland with the proponent opponent and upon request of his father –appellant. Based on the presented evidence the Court concluded that the lodged proposal is ill-founded.
In the appeal, the appellant, inter alia, emphasized that the challenged decisions of the Basic Court in Teslic and County Court in Doboj are in violation of the right to a fair trial under Article II(3)€ of the Constitution of BiH and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as the regular courts, as found by the appellant, have made arbitrary application of the substantive law.
After having examined all relevant fats in the case, and that arise under the appellant’s allegations, documents presented to the Constitution Curt as well as documents submitted to the Constitutional Court by the Center for Social Work, Constitutional Court concluded that there is no violation of the right to a fair trial under Article II(3)(e) of the Constitution of BiH and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedom since regular courts have given detailed and clear reasoning of their decisions in terms of established facts of the case and evaluation of evidence but also in terms of application of the relevant provisions of the Constitution and given reasoning the Constitutional Court does not find arbitrary.
In all cases in which it found there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and inform the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.
The Court rejected appeals which were manifestly prima facie ill-founded. The facts the appellants presented to the Court in those cases could not have in any manner justified the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties in the proceedings bear consequences of violation of rights protected by the Constitution.
All decisions adopted at the session shall be submitted to the appellants within a time limit of one month and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
In accordance with Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Court rejected a number of appeal. Constitutional Court rejected appeals which were lodged in an untimely fashion or after the expiration of the time-limit for submitting appeal or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the previous proceedings.
Deciding on the appeals in regards to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to adoption of decision within reasonable time-limit, the Court adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial and dismissed a number of appeals as ill-founded in cases in which it found no such violation.
For the illustration purposes, we present the following:
Constitutional Court dismissed as ill-founded the appeal of Mr. Zoran Milinkovic lodged against the Ruling of the County Court in Doboj no. 870 V 017295 14 GZ of 13 November 2014 and ruling of the Basic Court in Teslic no. 87 0 V 017295 14 V of 14 October 2014, by which the Court dismissed to order the return of the minor child who resides in Holland with the proponent opponent and upon request of his father –appellant. Based on the presented evidence the Court concluded that the lodged proposal is ill-founded.
In the appeal, the appellant, inter alia, emphasized that the challenged decisions of the Basic Court in Teslic and County Court in Doboj are in violation of the right to a fair trial under Article II(3)€ of the Constitution of BiH and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as the regular courts, as found by the appellant, have made arbitrary application of the substantive law.
After having examined all relevant fats in the case, and that arise under the appellant’s allegations, documents presented to the Constitution Curt as well as documents submitted to the Constitutional Court by the Center for Social Work, Constitutional Court concluded that there is no violation of the right to a fair trial under Article II(3)(e) of the Constitution of BiH and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedom since regular courts have given detailed and clear reasoning of their decisions in terms of established facts of the case and evaluation of evidence but also in terms of application of the relevant provisions of the Constitution and given reasoning the Constitutional Court does not find arbitrary.
In all cases in which it found there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and inform the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.
The Court rejected appeals which were manifestly prima facie ill-founded. The facts the appellants presented to the Court in those cases could not have in any manner justified the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties in the proceedings bear consequences of violation of rights protected by the Constitution.
All decisions adopted at the session shall be submitted to the appellants within a time limit of one month and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
